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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 20 Reported in Senate (RS)]

                                                        Calendar No. 88
112th CONGRESS
  1st Session
S. J. RES. 20

                          [Report No. 112-27]

   Authorizing the limited use of the United States Armed Forces in 
                 support of the NATO mission in Libya.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                June 21 (legislative day, June 16), 2011

  Mr. Kerry (for himself, Mr. McCain, Mr. Levin, Mr. Kyl, Mr. Durbin, 
 Mrs. Feinstein, Mr. Graham, Mr. Lieberman, Mr. Blunt, Mr. Cardin, Mr. 
Kirk, Mr. Franken, and Mr. Nelson of Florida) introduced the following 
joint resolution; which was read twice and referred to the Committee on 
                           Foreign Relations

                             June 29, 2011

                 Reported by Mr. Kerry, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                            JOINT RESOLUTION

 
   Authorizing the limited use of the United States Armed Forces in 
                 support of the NATO mission in Libya.

Whereas peaceful demonstrations that began in Libya, inspired by similar 
        movements in Tunisia, Egypt, and elsewhere in the Middle East, quickly 
        spread to cities around the country, calling for greater political 
        reform, opportunity, justice, and the rule of law.
Whereas Muammar Qaddafi, his sons, and forces loyal to them responded to the 
        peaceful demonstrations by authorizing and initiating violence against 
        civilian non-combatants in Libya, including the use of airpower and 
        foreign mercenaries;
Whereas, on February 25, 2011, President Barack Obama imposed unilateral 
        economic sanctions on, and froze the assets of, Muammar Qaddafi and his 
        family, as well as the Government of Libya and its agencies to hold the 
        Qaddafi regime accountable for its continued use of violence against 
        unarmed civilians and its human rights abuses and to safeguard the 
        assets of the people of Libya;
Whereas, on February 26, 2011, the United Nations Security Council passed 
        Resolution 1970, which mandates international economic sanctions and an 
        arms embargo;
Whereas, in response to Qaddafi's assault on civilians in Libya, a ``no-fly 
        zone'' in Libya was called for by the Gulf Cooperation Council on March 
        7, 2011; by the head of the Organization of the Islamic Conference on 
        March 8, 2011; and by the Arab League on March 12, 2011;
Whereas Qaddafi's advancing forces, after recapturing cities in eastern Libya 
        that had been liberated by the Libyan opposition, were preparing to 
        attack Benghazi, a city of 700,000 people and the seat of the opposition 
        government in Libya, the Interim Transitional National Council;
Whereas Qaddafi stated that he would show ``no mercy'' to his opponents in 
        Benghazi, and that his forces would go ``door to door'' to find and kill 
        dissidents;
Whereas, on March 17, 2011, the United Nations Security Council passed 
        Resolution 1973, which mandates ``all necessary measures'' to protect 
        civilians in Libya, implement a ``no-fly zone'', and enforce an arms 
        embargo against the Qaddafi regime;
Whereas President Obama notified key congressional leaders in a meeting at the 
        White House on March 18, 2011, of his intent to begin targeted military 
        operations in Libya and made clear that the United States ``is not going 
        to deploy ground troops into Libya'';
Whereas the United States Armed Forces, together with coalition partners, 
        launched Operation Odyssey Dawn in Libya on March 19, 2011, to protect 
        civilians in Libya from immediate danger and enforce an arms embargo and 
        a ``no-fly zone'';
Whereas, on March 28, 2011, President Obama stated, ``America has an important 
        strategic interest in preventing Qaddafi from overrunning those who 
        oppose him. A massacre would have driven thousands of additional 
        refugees across Libya's borders, putting enormous strains on the 
        peaceful--yet fragile--transitions in Egypt and Tunisia. The democratic 
        impulses that are dawning across the region would be eclipsed by the 
        darkest form of dictatorship, as repressive leaders concluded that 
        violence is the best strategy to cling to power . . . So while I will 
        never minimize the costs involved in military action, I am convinced 
        that a failure to act in Libya would have carried a far greater price 
        for America.'';
Whereas, on March 31, 2011, the United States transferred authority for 
        Operation Odyssey Dawn in Libya to NATO command, with the mission 
        continuing as Operation Unified Protector;
Whereas, in a letter to joint bipartisan congressional leaders on May 20, 2011, 
        President Obama expressed support for a Senate resolution on the use of 
        force in Libya and stated that, ``Since April 4, U.S. participation has 
        consisted of: (1) non-kinetic support to the NATO-led operation, 
        including intelligence, logistical support, and search and rescue 
        assistance (2) aircraft that have assisted in the suppression and 
        destruction of air defenses in support of the no-fly zone and (3) since 
        April 23, precision strikes by unmanned aerial vehicles against a 
        limited set of clearly defined targets in support of the NATO-led 
        coalition's efforts.''; and
Whereas, on June 9, 2011, Secretary of State Hillary Clinton recognized the 
        Transitional National Council ``as the legitimate interlocutor for the 
        Libyan people during this interim period.'': Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the men and women of the United States Armed Forces and 
        coalition partners who are engaged in military operations to 
        protect the people of Libya have demonstrated extraordinary 
        bravery and should be commended;
            (2) the United States Government should continue to support 
        the aspirations of the people of Libya for political reform and 
        self-government based on democratic and human rights;
        <DELETED>    (3) the goal of United States policy in Libya, as 
        stated by the President, is to achieve the departure from power 
        of Muammar Qaddafi and his family, including through the use of 
        diplomatic and economic pressure, so that a peaceful transition 
        can begin to an inclusive government that ensures freedom, 
        opportunity, and justice for the people of Libya; and</DELETED>
        <DELETED>    (4) the funds of the Qaddafi regime that have been 
        frozen by the United States should be returned to the people of 
        Libya for their benefit, including humanitarian and 
        reconstruction assistance, and the President should explore the 
        possibility with the Transitional National Council of using 
        some of such funds to reimburse NATO countries for expenses 
        incurred in Operation Odyssey Dawn and Operation Unified 
        Protector;</DELETED>
            (3) the military goals of United States policy in Libya are 
        to protect civilians and enforce the terms of United Nations 
        Security Council Resolution 1973 (2011), which require--
                    (A) that all attacks against civilians in Libya 
                must stop;
                    (B) that Muammar Qaddafi stop his troops from 
                advancing on Benghazi, pull them back from Ajdabiya, 
                Misrata, and Zawiya and other cities, and establish 
                water, electricity, and gas supplies to all areas; and
                    (C) that humanitarian assistance be allowed to 
                reach the people of Libya;
            (4) the political goals of United States policy are to 
        achieve the departure from power of Muammar Qaddafi and his 
        family, including through the use of diplomatic and economic 
        pressure, so that a peaceful transition can begin to an 
        inclusive government that ensures freedom, opportunity, and 
        justice for the people of Libya;
            (5) the funds of the Qaddafi regime that have been frozen 
        by the United States should be used to reimburse the United 
        States, as a NATO member, for expenses incurred in connection 
        with Operation Odyssey Dawn and Operation Unified Protector, 
        and for humanitarian and reconstruction assistance; and to 
        ensure full payment of awards as issued by the Foreign Claims 
        Settlement Commission; and
            (6) the costs associated with the reconstruction and 
        stabilization of Libya following the conflict there should be 
        borne primarily by the people of Libya and by the members of 
        the League of Arab States, which requested military 
        intervention in Libya.

SEC. 2. AUTHORIZATION FOR THE LIMITED USE OF UNITED STATES ARMED FORCES 
              IN LIBYA.

    (a) Authority.--The President is authorized to continue the limited 
use of the United States Armed Forces in Libya, in support of United 
States national security policy interests, as part of the NATO mission 
to enforce United Nations Security Council Resolution 1973 (2011) as 
requested by the Transitional National Council, the Gulf Cooperation 
Council, and the Arab League.
    (b) Expiration of Authority.--The authorization for such limited 
use of United States Armed Forces in Libya <DELETED>expires one year 
after the date of the enactment of this joint resolution</DELETED>  
expires on the date that NATO operations end or one year after the date 
of the enactment of this joint resolution, whichever comes first.
    (c) War Powers Resolution Requirements.--
            (1) Specific statutory authorization.--Consistent with 
        section 8(a)(1) of the War Powers Resolution (50 U.S.C. 
        1547(a)(1)), Congress declares that this section is intended to 
        constitute specific statutory authorization within the meaning 
        of section 5(b) of the War Powers Resolution (50 U.S.C. 
        1544(b)).
            (2) Applicability of other requirements.--
                    (A) Rule of construction.--Nothing in this joint 
                resolution supersedes any requirement of the War Powers 
                Resolution (50 U.S.C. 1541 et seq.).
                    (B) Engagement in hostilities.--United States 
                military operations in Libya since April 4, 2011, which 
                have included non-kinetic support to the NATO-led 
                operations, including intelligence, logistical support, 
                and search and rescue assistance, United States 
                aircraft assisting in the suppression and destruction 
                of air defenses in support of the no-fly zone, and 
                precision strikes by unmanned aerial vehicles, 
                constitute hostilities within the meaning of the War 
                Powers Resolution, and may be carried out only under 
                the conditions specified in section 5(b) of the War 
                Powers Resolution (50 U.S.C. 1544(b)).
    (d) Restriction.--
            (1) In general.--Except as provided in paragraph (2), none 
        of the funds appropriated under any provision of law may be 
        obligated or expended for the purpose of--
                    (A) deploying units or members of the United States 
                Armed Forces on the ground in Libya for the purposes of 
                engaging in ground combat operations, or participating 
                in stabilization or international peacekeeping 
                operations following the removal of Muammar Qaddafi 
                from government and during the transition to a new 
                government in Libya;
                    (B) awarding a contract to a private security 
                contractor to conduct any activity on the ground in 
                Libya; or
                    (C) otherwise establishing or maintaining any 
                presence of units or members of the United States Armed 
                Forces or private security contractors on the ground in 
                Libya.
            (2) Exception.--Notwithstanding paragraph (1), funds may be 
        obligated or expended to take an action otherwise prohibited 
        under such paragraph--
                    (A) for the immediate personal defense of United 
                States Government officials (including diplomatic 
                representatives) or for rescuing members of NATO forces 
                from imminent danger; or
                    (B) if, prior to such action--
                            (i) the President determines and certifies 
                        to Congress that the action is necessary; and
                            (ii) legislation is enacted specifically 
                        authorizing such action.

SEC. 3. OPPOSITION TO THE USE OF UNITED STATES GROUND TROOPS.

    Consistent with the policy and statements of the President, 
Congress does not support deploying, establishing, or maintaining the 
presence of units and members of the United States Armed Forces on the 
ground in Libya unless the purpose of the presence is limited to the 
immediate personal defense of United States Government officials 
(including diplomatic representatives) or to rescuing members of NATO 
forces from imminent danger.

SEC. 4. REPORTS TO CONGRESS.

    The President shall consult frequently with Congress regarding 
United States efforts in Libya, including by providing regular 
briefings and reports as requested, and responding to inquiries 
promptly. Such briefings and reports shall be delivered to Congress not 
later than 15 days after the date of the enactment of this joint 
resolution, and every 30 days thereafter, and shall include the 
following elements:
            (1) An updated description of United States national 
        security interests in Libya.
            (2) An updated statement of United States policy objectives 
        in Libya, both during and after Qaddafi's rule, and a detailed 
        plan to achieve them.
            (3) An updated and comprehensive list of the activities of 
        the United States Armed Forces in Libya.
            (4) An updated and detailed assessment of the groups in 
        Libya that are opposed to the Qaddafi regime, including 
        potential successor governments.
            (5) A full and updated explanation of the President's legal 
        and constitutional rationale for conducting military operations 
        in Libya consistent with the War Powers Resolution (50 U.S.C. 
        1541 et seq.).

SEC. 5. REPORT ON COSTS AND IMPACT OF MILITARY OPERATIONS.

    (a) Report.--Not later than 15 days after the enactment of this 
joint resolution and every 30 days thereafter, the President shall 
submit to the President of the Senate and the Speaker of the House of 
Representatives a report containing the following information:
            (1) The total cost incurred by the United States Government 
        in connection with military operations in Libya since their 
        commencement on March 19, 2011.
            (2) The total cost incurred by the United States Government 
        in connection with military operations in Libya during the 
        preceding 30 days.
            (3) The sources and amounts of any reimbursements the 
        United States has received from other countries for costs it 
        has incurred in connection with military operations in Libya 
        since their commencement on March 19, 2011.
            (4) A list of United States Government direct spending 
        programs whose budgetary resources will be reduced to pay for 
        any unreimbursed costs associated with United States military 
        operations in Libya since their commencement on March 19, 2011, 
        and the amount by which the budgetary resources of each such 
        program shall be reduced.
            (5) An assessment of the impact of United States military 
        operations in Libya on the capacity and resources of the United 
        States military to carry out effective United States military 
        operations against al Qaeda and the Taliban pursuant to the 
        Authorization for Use of Military Force (Public Law 107-40; 50 
        U.S.C. 1541 note), passed in the aftermath of the September 11, 
        2001, terrorist attacks.
            (6) An assessment of the impact of military operations in 
        Libya conducted by NATO member countries on the capacity and 
        resources of NATO member countries to participate effectively 
        in other NATO operations, including in Afghanistan.
    (b) Sunset.--The requirement in subsection (a) shall terminate 30 
days after the President notifies the President pro tempore of the 
Senate and the Speaker of the House of Representatives in writing that 
United States military operations in Libya have ended.

SEC. 6. INVESTIGATION OF TERRORIST ATTACKS AGAINST THE UNITED STATES 
              ATTRIBUTABLE TO THE GOVERNMENT OF MUAMMAR QADDAFI.

    (a) Continuing Investigation.--The President shall continue any 
investigative activities of any Federal agencies with regard to the 
bombing of Pan Am flight 103 and any other terrorist attacks 
attributable to the government of Muammar Qaddafi against United States 
citizens, with the goal of determining the identities of the 
individuals responsible for the attacks and bringing such individuals 
to justice.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this joint resolution, and annually 
        thereafter, the President shall submit to Congress a report on 
        investigative activities described in subsection (a), including 
        the following elements:
                    (A) A description of efforts by the President to 
                ascertain information through all available channels, 
                including inquiries with members of the Transitional 
                National Council and any successor government in Libya, 
                about the bombing of Pan Am flight 103 and other 
                terrorist attacks attributable to the government of 
                Muammar Qaddafi against United States citizens, with 
                the goal of determining the identities of persons who 
                have knowledge about such attacks or were involved in 
                the planning, execution, or cover-up of the attacks.
                    (B) An assessment of the cooperation of the 
                Transitional National Council and any successor 
                government in Libya in ascertaining such information 
                and in facilitating access to necessary persons and 
                documents related to the bombing of Pan Am flight 103 
                and other terrorist attacks attributable to the 
                government of Muammar Qaddafi against United States 
                citizens.
            (2) Form.--The report required under paragraph (1) shall be 
        unclassified, but may contain a classified annex.
    (c) Cooperation.--
            (1) In general.--The President shall urge the Transitional 
        National Council and any successor government of Libya to 
        cooperate with and participate in the investigative activities 
        described in subsection (a).
            (2) Consideration of cooperation in certain future 
        decisions.--The President shall consider the cooperation by the 
        Transitional National Council and any successor government of 
        Libya with respect to the investigative activities described in 
        subsection (a) when making decisions about the distribution of 
        confiscated property and the provision of United States 
        assistance to the successor government.

                                                        Calendar No. 88

112th CONGRESS

  1st Session

                             S. J. RES. 20

                          [Report No. 112-27]

_______________________________________________________________________

                            JOINT RESOLUTION

   Authorizing the limited use of the United States Armed Forces in 
                 support of the NATO mission in Libya.

_______________________________________________________________________

                             June 29, 2011

                        Reported with amendments
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